Showing Posts In "Immigration and E-Verify" Category

Unionized Employers Must Bargain Over the ‘Finer Points’ of Completing I-9 Forms

The U.S. Court of Appeals for the Fourth Circuit recently affirmed a National Labor Relations Board (NLRB) order holding that the business in question violated the National Labor Relations Act (NLRA) when it failed and refused to provide the Communications Workers of America with notice and an opportunity to bargain over the effects of its […]

High Inflation Pushes I-9 Civil Penalties Up by 7.7%

The Department of Homeland Security (DHS) has announced an increase to the civil penalties that can be assessed against employers for failing to complete their I-9s as required under the law. Penalties have increased from $252-$2,507 to $272-$2,701. The penalties for knowingly hiring, recruiting, referring, or retaining an unauthorized worker will increase to $676-$5,404 for […]

I-9 AUDIT SURVIVAL TIPS: HOW AND WHY TO AUDIT YOURSELF BEFORE ICE DOES EBOOK

Be ready for an I-9 audit.

Every company needs a completed Form I-9 for every employee (and certain former employees) ready to provide when ICE comes calling. ICE can give as few as three days of notice before an inspection. That’s often not enough time to have all your documents in order. Start
correcting any issues […]

ICE Seeks Permanent Remote I-9 Document Review

According to a Notice of Proposed Rulemaking, employers are now permanently allowed to review Form I-9 identification documents remotely. If finalized, the rule would create a framework under which the U.S. Department of Homeland Security could “pilot various options, respond to emergencies similar to the Covid-19 pandemic, or implement permanent flexibilities upon a specific determination […]

Form I-9 Expired List B Documents Must Be Updated by July 31, 2022

Employers must be sure that employees who presented an expired List B Identity document between May 1, 2020, and April 30, 2022, provide an unexpired document that establishes their identity by July 31, 2022, to update their Form I-9, Employment Eligibility Verification. The Department of Homeland Security recommends that employees present the replacement of the […]

DHS Proposes New Framework for Remote I-9 Inspection and Seeks Additional Public Comment

The Department of Homeland Security (DHS) has published a rule on the remote I-9 inspection flexibilities for employers that were implemented as a result of the pandemic. Within it, the agency has proposed a new framework for remote inspection and seeking public comment on the potential benefits and burdens of these alternative document inspection protocols.

Round 2: USCIS Makes Additional Changes to Proposed Form I-9 Revision Due Later This Fall

After publishing another round of proposed revisions to the Form I-9, the United States Citizenship and Immigration Services (USCIS) has announced a second public comment period for HR and other stakeholders that is open until August 8, 2022. Of note is the compressing of Sections 1 and 2 from two pages to one page, which […]

Social Security Administration Resumes E-Verify TNC Processing on July 15th 

The United States Citizenship and Immigration Services (USCIS) has announced that the Social Security Administration (SSA) will resume processing of E-Verify mismatches, ending the “grace period” put into place at the start of the pandemic. Effective July 15, employees whose E-Verify cases are referred to SSA on or after July 15, 2022, will have eight […]

A Scary Cautionary Tale About I-9 Forms

The I-9 Form must be completed within three days of an employee’s start date and records of this form must be maintained throughout that employment and for a year thereafter. One small business learned the hard way the importance of all I-9 requirements when it was fined a total of $1,527,308.90 for a combination of […]

Tennessee’s Revised Mandatory E-Verify Law Applies to More Employers

Effective January 1, 2023, private employers in Tennessee with at least 35 employees will be required to use E-Verify and maintain case results. In addition, for those with fewer than 35 employees or an employer that does not have internet access who wish to use E-Verify, the office of employment verification assistance can enroll the […]